In a divorce or child custody modification action, a big factor is often child support.  How does the Court determine who is going to pay child support to the other parent, and how much will be ordered to be paid?  In Idaho, the amount of child support is determined by an approved formula that takes into account many factors, but largely depends on the amount of custody each parent will have with the child/ren and the relative incomes of each parent.  The formula approximates how much of the parents' income would be used to support the child/ren if the family remained together, and this amount is pro-rated based on the relative incomes of the two parents.

By way of broad explanation, if the custodial time is relatively equal and the parent's two incomes are pretty close to the same, chances are the child support number produced by the formula will be close to $0.00 or negligible.  On the other hand, if one parent has 80% custody vs. 20% to the other parent, and the parent with 20% custody earns a significantly higher income, the child support formula will likely result in a relatively high amount of child support being ordered.

Other than the custodial time of each parent and the parties' relative incomes, the formula also takes into consideration which parent pays for the child/ren's health insurance and how much is paid each month, whether either parent has any prior children to whom they pay support, who will claim the child/ren for tax purposes, the cost of meeting any special needs the child/ren may have, the amount paid for work-related child care and how is it paid, and other various financial factors.

By using this formulaic approach, Idaho courts take the subjectivity out of determining the amount of child support to be awarded, and this ensures the child support amount ordered in each case is consistent, fair and accurate, based on the financial realities of the two parents.

If you have questions about an upcoming or potential child support matter, please contact Bradley Sneed with Sneed Law, PLLC at (208) 288-1888 or [email protected].